NC0081370_Regional Office Historical File Pre 2018 (14)

IN wow,
WilterResources
ENVIRONMENTAL QUAUTY
January 12, 201
RETURN RECEIPT UQTEC
Ms. Catherine Renbarger, pity Manager
City of Claremont
P.O. Box 446
Claremont, 2 8 610
PAT MCCRORY
Gove o
DONALD R, VAN DER VAART
Secrefa?y
JAB' ZIMMERMAN
,..
Subject: Concerning Yourbequest to Remit Civil Penalties
North WWTP NPDESPermit NCO032662
Case Numbers LV-2015-0200, L -20 5-020
McLin .reek NX)Aq" N­PDES Permit NC008 1370
Case Numbers LV-2 15- 203, .LV-2015- 20 ,
'ata,,vba County
Dear Ms. :enbarer
In accordance witb North Carolina general Statute 1 3- 15, A(f), The Director of the North
Carolina Division of eater Resources (the Director) has considered the information you submitted
in support of your request to remit civil penalties assessed in the subject cases. The subject
penalty -assessment cases total $11,272.55 (including investigative casts of 1,022.55 .
The Director has granted partial remission for all seven (2) cases, 20% of assessed penalties, Y
excluding investigative costs. This resolves to a total amount due of $9,222.55[ 10,250 0. 11--
,2 ti. t1 + 1, 2.5,5]. We have attached a copy of the Director's decisions summan,.
Two options axe available to you at this stage of the renrission process:
1 You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of
Environmental Quality (DE , Send the payment, within thirty calendar days of receiving
this letter, to the attention of
Ms. Wren Thedtord
DEQ/DWR/NNI permitting Section
1617 .Mail Service Center
1 sleigh, North. Carolina 2 -1 1

it1t . 11;dI it Quail
.. .,�3
hi ��tbly
r or
CERTIFIED NtAIL 7013 0640 0002 9295 3 5
N �;:� IP � ` `�`
Ms. Catherine Renbarger, City Manager
City of Claremont
P,O. Box 44
Claremont, NC, 28610
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N,C{. General Statute
143- 1 .1(a)4 and NPDES Permit No. NCO081370
McLin Creep WWTP
Catawba County
Case No. LV-2015-0216
Dear Ms. Rer3har er:
This letter transmits a Notice of Violation and assessment of civil Penalty in the amount of
331.3 (? 1 7. t1 civil enalty.+ $143,85 enforcement casts) against the City of Claremont.
This assessment is based upon the following facts: A review has been Conducted of the self -
monitoring data reported for play. 2013. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NCO081370, The violations are summarized
in Attachment A to this letter,
Based upon the alcove facts, l conclude as a matter of lave that. the City of Claremont violated
the terms, conditions, ;or requirements of NPDES Perraait No. NCO081370 and North Carolina General
Statute (G. .) 143- 1 .1(a)( ) in the manner d extent shown in Attachment A. A civ it �ualty may
e assessed in accordance ce with the maximums established by G.S. 143-21 .6A(a)(2)..
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environmental Quality and the Director of the
Division of Water Resources,1, Michael L Parker, regional Supervisor for the Mooresville legion,
hereby make the following civil penalty assessment against the City` of Claremont:
worexvill Region -at Office.
'
Loontion:61i1 East Center Ave,, Suite 301 € ooresville, NC 28115
Rhory 704t 663.1699 \ F x: [phone] 4 Customer Servim S• 77-627 3.6748
jntern t: hits://poital.notaenr.oT wiDb/ q
AnEtatrnlCU'OrtuntY\Airlrmatluo-3Action Empinw - %ROC-rc:4WI[tAPQs`rCgJrsumerPaPer

1250.00 For -- 4 of the four (4) violations of G.S. 143-215.1(a)(6)
and NPIE S permit No. NCO0813 70, by discharging waste into
the Haters of the State in violation of the permit weekly average
effluent limit for BOD.
937.50 For 1, — of the one (1) violation of G.S, 143-215.1(a)(6) and
NPDES Permit No. NCO 081370, by discharging waste into the
waters of the State in violation of the, permit monthly average
effluent limit for BOD.
2187.50 TOTAL CIVIL PENALTY
143.85 Enforcement costs
233135 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of La'kvand the factors set forth at G.S. 143f3-281 1(h), which are:
(1) The degree and extent of harra to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The, effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations Nvere committed willfully or intentionally
(7) The prior record of the violator in complying or failing to comply'with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality do
not include waive rform), Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s).
Please submit payment to the attention of
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

F 2.
Submit written request for remission including detailed justification for such request:
Please be aware that a request: for remission is limited to consideration of the live factors listed
below as they may relate to the reasonableness of the amount of the penalty assesse& requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of a administrative hearing, such a request must be
accompanied by a, waiver ofyour right to an administrative hearing and a stipulation that no factual or
legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the
civil penalty should be remitted, and submit it to the Division of Water resources at the address listed,
below. In determining °hether a remission request will be approved the following factors shall be
considered.
(l) vtether one or more, of the civil penalty assessment factors in G,S, 14- 2. i(b) were
-vwon fidly applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent orrfa p
result of an accident -,
whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all information presented in support of your request for remission must be
submitted in meriting. The Director of the Division of Water Resources will review your evidence and
inform you of his decision in the matter of'your remission request. The response will provide details
regarding case status, directions for payment, and provision for farther appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission..
In order to request remission, you must complete and submit the enclosed 4°Waiver of right to
an Administrative blearing and Stipulation of Facts" form within thirty f 30) day: of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed
"Justification for remission bequest." Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina q -lo1
OR
a File a petition for an administrative hearing with the Office of Administrative Hearings:
if you -,Nash to contest any ;statement in the attached assessment document you must file a
petition for an administrative hearing. You may obtain the petition form from the Df
°Tice of

Administrative Hearings. You must file the petition with the Office of Administrative Hcarings-11
within thirty (30) days of receipt of this notice, A petition is considered filed when it is received in
the Office of Administrative Hearings during normal office hours. 'The, Office of Administrative
Hearings accepts filings Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (vvith restrictions) - provided the signed original, one (1) copy and a filing fee ff a filing
fee is required by NCGS § 15013-23.21 is received in the Office of Administrative Hearings within
seven (7) business days following the taxed or electronic transmission. You should contact the
Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process. The mailing address and telephone and fax numbers for the Of of Administrative
Hearings are asfollows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
I k1r. Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one (if the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (riot a postmark),. will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional, penalties may• be assessed for violations that occur after the
review period of this assessment, If you have any questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
ti
(Date) Michael L Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Cornpliance/Enforcement File w%/ attachments
Central Files w/ attachments

ATTACHMENT
CASE NO.LV-201,5-0216
Outfall
Date
Paramaer Re rt d " aIm
P—erinitumit
001
week ending /9/1
girl*
12 n-L"l (Weekly Average)
12 (Weekly Average)
001
week ending /1 /1
1
19 r /l*
19
dyd !
g/l
LF 1,
001
week'YLdl ! ✓/
week ending $30/1
1 mgVl*
1 .^2 �, /� �As'+.e.�ak. Average)
8 mg/1(Monthly Average)
001
5/3t/15
BOD 18.5 rt /l*
Denotes civil penalty assessment
City of Claremont response to NOV- 01 -1,V- 501 reserved on August 24, 2015 was
reviewed by DWR staff.
Mitigating factors were not found to result in a reduced civil
penalty amotmt.

EW
STATE OIL NORTH C ROLINA: DEPARTI ENT I� ENVIRONMENTAL
QUALITY
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT
OF I II: PENALTY AGAINST
CITY OF CLAREMONT
PERMIT NUMBER NCO081370
WAIVER OF RIGHTTO AN
ADMINISTRATIVE IINIST TI HEARING AND
STIPULATION OF FACTS
FILE NO, LV-2015-0216
Having been assessed civil penalties totaling $2331.3.5 for violation(s) as set forth In the
assessment document of the Division of water Resources dated the undersigned,
desiring to seek remission of t%e civil penalties, does hereby waive the right to an administrative,
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned furtherunderstands, that all evidence presented in support of remission of
this civil penalty mast he submitted to the Director of the Division of Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request %ill he
allowed after 30 days from the receipt of the notice of assessment.
This the _ day of 01
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION ELQU EST
DWR Case Number- LV-2015-0216
Assessed Party: City of Claremont
u Conty�: Catawba
Permit Number. NCO081370
Amount Assessed: $2331.35
Please use this form -,,vhen requesting remission of this civil penalty, You must also complete the
"Reauest For Remissi,onfEgiver of R'Mt to an A Iministrative Hearing, and �,Sti, ylation �oFa�cts
form to request remission of this civil penalty. You should attach any, documents that you believe
support your request and are, necessary for the Director to consider in evaluating your request for
remission, Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies, Please check, each factor that you believe applies to your
case and provide a, detailed explanation, including copies of supporting dot tints, as to why the,
factor applies (attach additional pages as needed).
(a) one or more of the civil 1r.)enaltvasses tint factors in N.C.G.S. 143B-2182.1(b) were
sgqq er assessment,fiactors are listed Ifull y applied to the detrimeaLQf �the, �etition� (the
in the civil penalty assessment docuntent);
(b flee saolator pronatl abated coniauin ens iroaanrental d aye resulting from the
violation (i,e., explain the steps that you took to correct the violation and prevent
,future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain wky the violation
was unavoidable or somethingyou couldnotprevent orpreparefor).-
(d) the violator had not been assessed civil nenalties for
(e) payment of the civil penalty wrill Prevent payment for the remaijung necessary remedial
actions (i.e., explain howptayment of the civilpenalty will never youftom performing
the activities necessaiy to achieve compliance),
EXPLANATION: (use additional pages as necessar.3)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: City of Claremont
Facility: McLin Creek WWTP
County: Catavvba
Case Number: LV-2015-0216
Permit Number: NCO0813 70
1) The degree and extent of harm to the natural resources of the, State, to the public health, or to
private property, resulting from the violation; No harm has been documented; however, the facility
exceeded the BOIL weekly average for every week of the month of May 2015.
2) The duration and gravity, of the violation; The BOD weekly average effluent limit violations
exceeded the permit limit by 50% (two occasions) and 58.3% two occasions). The BOD monthly
average permit limit violation was exceeded by 131 .3% during the month of May 2015.
3) The effect on ground or surface water quantity or quality or on air quality-; The effect on the
receiving strearn is unk-nok),in. BOD is an oxygen -consuming waste and therefore increased
concentrations could reduce the amount of oxygen available to aquatic organisms.
4) The cost of rectifying the damage; The cost is unknown.
5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is
unknown.
6) Whether the violation was committed willfully or intentionally ; The Division of Water Resources
has no evidence that the violations were committed willfully, or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been 34 previous CPAs for the McLin Creek WWTP,with five prior CPAs being issued
within the past twelve DMR months. The last CPA was issued on September 21, 2015 for BOD (five
total) and ammonia (four total) violations that occurred in April 2015.
8) The cost to the State of the enforcement procedures. The cost to the. Division of Water Resources
is $143.85.
Date
Michael L. Parker, Regional Super-Osor
Water Quality Regional Operations Section
Division of Water Resource,%, NCDEQ

DWR, — CIVIL PENALTY REMISSION FACTORS
Case Number: 1,V-2015-0216 _ Region: Mooresville County: ba
CataNv
Assessed Entity: City oof C.laretjjgoat, INTeLin Creek WWTP Permit No.: NCO081370
Assessment Factors
(a) Whether one or more of the civil penaltNyl assessment factors were wrongly applied to the detriment
of the petitioner.
NOT ASSERTJ­_�',T) —Not Applicable.
RWR Notes:
El (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERTED --- Not Applicable.
DNV.R Notes:
D (c) Whether the violation was inadvertent or as result of an accident:
NOT ASSERTED —Not Applicable.
DNVR Notes:
[I (d) Whether the violator had been assessed civil Penalties for any previous violations:
NOT ASSERJED — Not Applicable.
D)YR Notes-,
(e) Whether payment of the civil penalty will prevent pay ment for the remaining necessary remedial
aCtiOUN:
The permittee asserts the reason for remission request is that paymetit of these fines will result in a sincere
hardship for the City, of Claremont in as short period and will seriously hinder the abilit,y 0 f
to continue with the long range planning efforts. the City of Claremont
D TVR Notes. Review of the, pastfit've years of compliance h istoiy indicated the subject, faviljty� has chronic issues
in operations andlor design oj'the McLin Creek 0174717P. No e.xplanation wasprovided to the Division as to the
reasonfir issues o4th linzits violations at the subjectfacility, The City of Claremont has, had more than of 7ll/
te
thne to resolve issues at the McLin Creek TVTJ'7T, A nitigating./actor to consider in sul,,.port (y're nisvioI7 i fie � 7
the civil pena4y ivill pre vew art
fir em r ,y tilt, t
_y remaining access remedial actions such as long range plannokg
o ,forts ky, the C ity%
— DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Cost? Yes No El
-7
Partial Remission (Enter Amount)
rey Poupart it ante

STATI-, 01"NOW1711 CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST;
CITY OF CLAREMONT
MCLIN CRFEK WWTI
DWR Case Number LV-2015-0216
REQUEST FOR ORAL PRESENTATION
I hereby request to make. an oral presentation before the Environmental Management Commission's Committee On Civil penalty
Remissions in the rilatter of the case noted above. In making this request, I assert that I understand all of the following statements:
This request will be reviewed bythe Chairman of the Environmental Management Commission nand tiray be either granted or
denied.
Making a presentation will require the presence of myself andlormy representative durinea Committee, meeting held in Raleigh,
North Carolina,
a subtiritted in nLo�
on i IL_,givaLLejjdssjQD re gaeg, d be aus
,LouA,qi L�c limited to discussi of ssues and infoll , tion,
uuk an C e
no factual issues are in dispute, ray preseniabonkvi I be limited to five (5) minutes in length. - g ,
The North Carolina State Bar's Authorized Practice of Law Corrimittee has ruled, that the appearance in, as representative capacity at
quasi-judicial hearings or proceedings is limited to Ja1yyers who are active members of the bar. Proceedings before the Com miittee oil
Remissions are quasi -.judicial, You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyorie will be speaking in arepresentative capacity for you or a business or goveniniental entity. Ifyouoryour
representative would life to speak before the Committee, you must complete and return this form within thirty (30) days ofreceipt of
this letter,
Depending on your status, as an individual, corporation, partnership or municipality, the State Bars Opinion affects how you rnay
proceed with your oral presentation. See www.ncbur.co1Tr(Ctldcs, Authorized Practice Advisory Opinion di re-1 and 206 Fornial
Ethics0pirrion -1,
If you are An jm-L i �J&La_jqr _b n are usjire,�,5.q_�yner a d granted an opportunity to make air oral presentation before the Cormilittee,
then you do riot, need legal representation before the Committee; however, if you intend on having another individual speak
oil your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also lie present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law,
If you are and are granted air opportunity to make an oral presentation before the
Committee, then your representative must consider therecent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by rion-lawyers is permissible.
If you choose to requestail oral presentation, , please inake sure that sigmatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own sigirature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee an Civil penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning tire authorized practice of law has occurred.
This tire day of r. 20_
0339INUM
TITLE (President, Owner, etc,)
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONNIENTAL
COUNTYF CATAWBA QUALITY
IN THE MATTER F ASSESSMENT WAIVER OF RI xIIT T ,
OF CIVIL PENALTY AGAINST ADMINISTRATIVE EAt -INCT A I
CITY OF CLAREMONT STIPULATION OF FACT
PERMIT NUMBER NCO081370
FILE NO. LV-2015-0 1
Having been assessed civil penalties totaling $2331.3.5 for viol tioti(s) as set forth in the
assessment document of the Division of Water Resources dated Autrust 11 �2015, the undersigned,
desiring to seep remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated r atier and does stipulate that the facts are as alleged in the assessment
document, The undersigned farther understands that all evidence presented in support of rernission of
this civil penalty must be submitted to the Director of the Division of Water Resources within days
of receipt of the notice of assessment, No new evidence in support of a remission request will be
allowed after 30 days from the receipt ofthe notice of assessment,
This the 2 day of2015
BY
ADDRESS
CPS` it/

JUSTIFICATION FORREMISSION ICE UE ST
DNVR +Case;t um erw LV-201 -d" ld
Assessed Marty: City of Claremont
County: Catawba
Permit umber: NCO081370
AmountAssessed: $2331,35
Pleaseuse this form when requesting remission of this civil penalty, You must also complete the
"lie nest err issiar , l fiver i ltt i carp cl inistr ative earar rrr S ttl ti rrt rc ts'g
form to request remission of this cavil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Tease be aware that a request for remission is limited to consideration. of the five factors
lasted below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document,
Pursuant to N.C, .& 1 3-2821(c), remission of civil penalty may be granted only when one or
more of the following five factors applies, please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed),
a) one or more of the civil ena�lt assessment factors in N.CG.S. 14313
� 1 dl �verc
canon full lied to the detriment of the etitioner. (the assessr e t factors are listed
in the civil penalty assessment document);
(b) the riolatorpronxzptly abated continuin on v ronrnental dam ge resultin (aorta the
violation fir e., explain the steps that you took to correct the violation and pr vertt
future occurr^ertce,�)
c) the violation was inadvertent or a result of an accident i.e., explain why the violation
was unavoidable orsomet`hi you could notprevent or prepare fot) t
(d) the violator l�aad not been assessed civil . cnnities for ny previous violations)
(e) payMent of the civil a e alty will prcvent pavyment for the remaini-cr necessary teaxxodial
aetions i. e., explain .tow payment of the e°ivil pen lty till prevent you from performing
the activities necessary to achieve compliance),
EXPLANATION: (arse additional pages as necessary)